Treason in Themiclesia
Treason in Themiclesia (逆, ke-ngrak) encompasses a range of activities that threaten the monarch and government of the state.
Etymology
The root word ngrak has the basic meaning of "opposite" in Shinasthana. From this root are derived words such as:
- sngrak (朔), "new moon", when ancient Themiclesians attributed the phases of the moon to reversals in its direction in the sky.
- sngrang (亙) < *s-ngra-n-k, "period, interval", derived from the oscillation of the moon as a natural timepiece.
- ngrak (逆), "to greet, welcome", in the sense that one must stand opposite to whom one greets.
- ngragh (逆) < *ngrak-s, "inn, innkeeper".
- mngragh (逆) < *m-ngragh, "guest, traveller".
- ngragh (逆) < *ngrak-s, "inn, innkeeper".
Offences
High treason
The offence of high treason (大逆) protects the monarchy and government, and includes the following acts:
- Conspiring to kill the monarch, the consort of the monarch, the heir apparent if established or heir presumptive if not.
- Counselling foreign princes or states to declare war on Themiclesia.
- Make treaties involving Themiclesia without due permission.
Petty treason
The former offence of petty treason (逆), abolished in 1847, protects the social order of Themiclesia. It constitutes this offence to:
- Conspiring to kill the monarch's prime minister, the Chancellor of Themiclesia (if a separate person), or whomever established as head of government.
- Conspiring to kill the monarch's other ministers, the peers, a serving member of Parliament, the Attorney-general, or judges of senior courts.
- Attempting to kill a civil or military officer of the 2,000-bushel rank, or a superior officer with lawful power over oneself.
- Attempting to kill a senior consanguineous relative.
Punishment
The usual punishment for any kind of treason was death by decapitation until 1853. The punishment for high treason was especially severe and until 1710 attainted his family and estate. The offender's family then became slaves owned by the monarch, who could sell slaves at his pleasure. After 1710, slavery was replaced amidst much criticism with penal servitude, which extended only to the offender's person and did not affect the liberty of his family and children. Petty treason did not attaint the offender's family or estate but still carried the punishment of death by decapitation, which was considered more ignominious than strangulation.
Notably, regardless whether ultimately involved in the perpetration of the crime, or whether the crime was successful, all conspirators faced the same punishment. The definition of conspiracy to commit treason (or of any other crime) evolved through case law rather than statute and includes anyone who offered substantive assistance to the conspiracy—any action, object, or information that makes the conspiracy more likely to succeed. Substantive assistance excludes the offering of emotional, religious, or moral support to the conspiracy. While this was not always the case, individuals making rousing speeches or arguments in favour of the conspiracy on moral or religious grounds are not guilty of treason, as in the eyes of the law they have not advanced the conspiracy in a "substantive" way and the effects of their actions are difficult to account for.
It has been the explicit law in Themiclesia for centuries, possibly after similar legislation in Menghe, that speech alone cannot constitute the crime of treason. Such speech includes demanding others do treasonable things.
As with other forms of conspiracy, the conspirators must be aware of the final objective of the conspiracy to be deemed guilty of treason. The rationale of the broad application of capital punishment to conspirators was explained in the 600s, namely that a severe sentence might compel the less-committed eventually to disclose of the conspiracy. A conspirator that discloses of the conspiracy is automatically pardoned of the punishment for treason; this disclosure need not lead to the apprehension of the other conspirators but only be sufficient for the authorities to take action to prevent the treason. The disclosure does not need to be in person. Again, the ease of disclosure is usually received in the light of encouraging a conspirator to come forward.
In 1847, the crime of petty treason was abolished. The material difference between petty treason and murder was that conspiracy and attempt were treated as completed crimes, but capital punishment for a minor part in a conspiracy, which may not have been acted upon, came to be viewed as unreasonably harsh. At any rate, commutations had become normal by the 19th century treasonous conspiracies that were not yet carried out, and it was seen as improper for ministers to grant or refuse pardons for offenders against themselves.
The punishment for high treason was changed to penal servitude for life at the abolition of capital punishment in 1853. When this too was abolished in 1911, the sentence was changed to life imprisonment, which remains in force today.
Noted cases
- In 1801, a plot was hatched a group of petty officers in the 14th Admiralty Regiment, who were dissatisfied that, despite performing well in the Second Maverican War, the Government was disbanding the regiment and dismissing all its officers. Additionally, the land grant that had been promised to the veterans of the war was not processed with nearly as much speed as they had expected, and as a result many veterans starved in the streets of Kien-k'ang. They came to believe that the War Secretary had not treated the promise seriously and thus plotted to assassinate him. The gunman intercepted and landed a shot in his torso, but he ultimately survived his wound. In the end, 26 were convicted as conspirators, though the number of officers who knew of the conspiracy is unclear. The judges condemned all conspirators to death as the law required, but the Emperor commuted the sentence on 20 of them to penal servitude for life on the grounds that their parts were minor, and most of the conspiracy was developed by the other six.